TNAG-0976-FCO40-1195-Legislation-for-public-health-and-urban-services-in-Hong-Kon-1980 — Page 62

XCR (80) 185

RESTRICTED

Offensive Trades (New Territories) (Amendment) Regulations 1980

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Annexed for Members' consideration are the Offensive Trades (New Territories) (Amendment) Regulations 1980, which seek to bring into effect the policy decision in respect of offensive trade areas as explained in paragraph 3 above. Regulations 2 to 6 therefore remove all references to offensive trade areas from the principal Regulations, either by deleting certain regulations altogether or by making suitable amendments where required.

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The opportunity is also taken to revoke an obsolete provision in the principal Regulations and to amend the penalties for offences committed under these regulations. Regulation 7 revokes the obsolete provision relating to the use of meat in pig roasting establishments covered by regulation 13 of the principal Regulations. Revised penalties are dealt with by regulation 9, which revokes and replaces regulation 23 of the principal Regulations. The revised penalties would correspond with penalties imposed for unlicensed food premises as specified in the Food Business (New Territories) Regulations and other similar legislation.

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Regulation 10 makes transitional arrangements to allow for the continuation, until expiry, of licences issued under regulation 7, which is to be revoked. New licences will be issued under regulation 10 as amended.

Public Relations

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As at present, offensive trades will be allowed to operate subject to licence conditions. No publicity is considered necessary as the proposed amendments are largely administrative and unlikely to attract adverse public reaction.

Financial Implications

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There are no financial or staffing implications involved in these regulations.

G.S. 84

Advice Sought

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Members will be asked to advise, under section 49 of the Public Health and Urban Services Ordinance (Chapter 132), whether the Offensive Trades (New Territories) (Amendment) Regulations at Annex, should be made.

(The Director of Urban Services (Mr B.D. WILSON) and Senior Crown Counsel (Mr A. B.S. PIERCE) will attend before the Council for the discussion of this item).

26th July 1980

(ENV 13/1/3320/72)RESTRICTEDOUNCIL CHAMBER